The calculation method of the appeal fee of the second instance is the same as that of the first instance, and the specific calculation method is as follows:
Property cases shall be paid in installments according to the amount or price claimed by the lawsuit;
If it does not exceed 1 10,000 yuan, each piece shall be paid to 50 yuan;
2.5% for the part exceeding 1 000 yuan to 1 000 yuan;
2% shall be paid for the part exceeding 6,543,800 yuan to 200,000 yuan;
For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
More than 2 million yuan to 5 million yuan, according to 0.8% pay;
The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
The part exceeding 20 million yuan shall be paid by 0.5%.
Non-property cases are paid according to the following standards:
Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%;
500 yuan shall pay 100 yuan for each case that infringes on the rights of personality such as name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 6,543,800 yuan shall be paid by 0.5%;
Other non-property cases cost 50 yuan to 100 yuan each.
In civil cases of intellectual property rights, if there is no dispute about the amount or price, each piece will cost 500 yuan to 1 000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
Payment for each labor dispute case 10 yuan.
How are appeals usually decided?
Article 170 of the Civil Procedure Law After hearing the case, the people's court of second instance shall deal with it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
After receiving the judgment of the court of first instance, the parties to a case dispute may appeal to the court within the statutory time limit if they are not satisfied with the contents of the judgment. When appealing, you need to submit relevant evidence to prove that you meet the appeal conditions. If the request is approved, an appeal fee is required.
To sum up, it is Bian Xiao's relevant answer about how to calculate the appeal fee of the second instance, hoping to help you.
legal ground
"Measures for Payment of Litigation Fees" Article 13 The fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.